ARCHIVE FOR 2014 RUSSIAN
mag->month > 0 ) { ?>
mag->getMonthString();?> mag->year;?>
mag->pdf_file): ?>
sess && $this->sess->isArticlePayed()):?>
Июль 2014
CONTENT
Chief editor’s column
Interview of the issue
Corporate agreement undermines our whole turnover Head of civil law department of Lomonosov Moscow State University, deputy chairman of Presidential Council for Codification and Enhancement of Civil Legislation Evgeni Alexeevich Sukhanov replies to questions put by Yan Piskunov, chief editor of “Zakon” journal.
Buy a PDF
The Event. Comments of the Experts
Prospects of parallel import legalisation in Russia Federal Antimonopoly Service presented the updated after airing draft law proposing fundamental change of state legal policy aimed on the exhaustion of rights by deregulation and ban lifting by rightholders on import of goods to Russia that were added to the turnover in foreign countries with their consent, in other words – on legalisation of parallel import. We proposed our experts to estimate the reasonableness of setting of supplementary antimonopoly restrictions for foreign rightholders and apt of parallel import problem solving offered by the Russian Food and Agriculture Organisation as well as legal consequences arising of the parallel import legalisation in Russia.
Buy a PDF
Topic of the issue
D.I. Stepanov. New provisions of the Civil Code applying to legal entities The article provides evaluation of the main outcomes of the Russian legal entities legislation beginning from the changes in chapter four of Part One of Russian Civil Code coming into effect at September 1st 2014. Author chooses the most crucial changes that are drastically changing the whole structure of Russian corporate law and tries to take a glimpse into the logic hiding beyond the alterations. He also puts questions to be solved in a special legislation.
Keywords:
corporate law, legal entities, public company, non-public company, joint-stock company, limited liability company, corporate agreement
Buy a PDF
T.S. Boyko. What is torn out of the context of the Civil Code reform in regard to regulation of legal entities? Author examines the novelties to chapter four of Part One of the Russian Civil Code that were proposed in the course of works on the draft law but have not been added to the final text of the law. Alterations concerning affiliated entities, corporate control, piercing corporate veil as well as ban of voting with shares of parent company belonging to affiliated entities.
Keywords:
civil law reform, corporate law, legal entities law, affiliated persons, controlling entity, affiliated entity, piercing corporate veil, quasi-treasury shares
Buy a PDF
D.A. Spirin. Legal entities law reform: unsuccessful endeavor to regulate the liability of a controlling entity The article looks at the history of establishment of norms about affiliation and corporate control in the reformed Russian Civil Code. They have faced fundamental changes in the course of examination of correspondent alterations performed by State Duma. Author gives proof of the inefficiency of actual legal definition of affiliation for corporate relationships and examines ways for further improvement of norms governing liability of controlling entities.
Keywords:
corporate control, affiliation, affiliated entities, associated enterprise, liability of controlling entities
Buy a PDF
D.D. Bykanov. Piercing the corporate veil in laws of the USA, Netherlands and Russia The article presents a research of the questions of definition and qualification of a borrowed construction concerning penetrating responsibility (piercing the corporate veil) in Russian, Netherlands and American law. The work is conducted in light of the Russian Civil Code reform.
Keywords:
penetrating responsibility, piercing the corporate veil, pinning the corporate veil, misuse of the corporate veil, responsibility of participants of a company
E.A. Ostanina. Between family law and corporate law: spousal consent for increasing of share capital of a company Present article presents the limits for spousal intervention in corporate relations of the other spouse in the case of alienation or diffusion of his/hers part in share capital of a company without spousal content of the first spouse. The question of court’s protection of violated right is answered upon prevail of spousal interest or interests of third parties in the case.
Keywords:
spousal consent, corporation, participants’ rights, undivided share, corporate law, family law, corporate governance restore
Buy a PDF
Theory and practice
G.A. Zhilin. Towards legal nature of revision of court decrees in the view of discovery of a new fact or newly discovered fact Institution of revision of final court decrees in the view of discovery of a new fact or newly discovered fact has traditionally become a way to grant the justness of such court decrees in the view of new or newly discovered facts being substantial for a case that were not known or could not be known to court or claimer on the moment of ajudgement. Still the transformation of its normative model in the past years led to its significant change in civil process to a way for recovery of a judicial error by the court that has committed it as a result of incorrect application of law. It has created regulatory preconditions for violation of the res judicata principle because of substitution of proceedings on appeal against final court decrees to the court of higher instance with proceedings on their reconsideration in the view of new or newly discovered facts.
Keywords:
revision of court decrees, new or newly discovered facts, judicial error, legal certainty, res judicata
Buy a PDF
V.A. Alexeev. Registration of transactions, rights and encumbrances revisited The article examines correlation of transactions, rights and encumbrances connected with immovable property as objects of state registration. Author stands against introduction to legislation of special proprietary right to acquisition of another person’s real estate as well as establishment of legality for lease of real estate not having the pursuit quality.
Keywords:
state registration, real estate title, real estate transactions, exposing property to encumbrance
Buy a PDF
I.A. Makarov. On certain issues combined with forming of bankruptcy asset of a credit organisation by means of property of warrantors and depositors being in bankruptcy proceedings It is commonly known that creditors of banks having no right to get compensation by means of deposit insurance funds as well as creditors putting forward claims over insurance indemnity limit can get satisfaction of their demands only by means of bankruptcy asset formed in the course of bankruptcy procedure of a credit organisation. Forming of bankruptcy asset is combined with the return of originated loan sums directly from borrowers and by means of warrantors and depositors. Present article covers certain issues combined with forming of bankruptcy asset of a credit organisation by means of property of warrantors and depositors being in bankruptcy proceedings.
Keywords:
bankruptcy of credit company, bank, bankruptcy asset, demands from warrantors and depositors, misuse of right, bail, pledge
Buy a PDF
M.V. Kamenkov. Grounds for collection of tax arrears of related entity The article touches upon taxation peculiarities of related legal entities in Russia. Legal grounds for possibility of tax arrears payment by a non-taxpayer are examined in relation to the demand for autonomy of tax payment and to the governing principles of taxation. After analysis of the last changes in tax laws author notes a tendency of division of a comprehensive tax-obliged unit subject to the existence of dependence between organisations.
Keywords:
tax, tax liability, taxpayer, affiliated entity, associated enterprise, associated company, tax inspection
A.V. Abramov. Actual issues of challenging of the results of cadastral value determination of land property in court Present article examines basic arguments of defendants in cases of challenging of the results of cadastral value determination of land property. Special emphasis is laid on the existing Russian legal practice of annual reappraisal of land property that, in the author’s opinion, is used as an extrajudicial mean of struggle against challenging of the results of cadastral value.
Keywords:
cadastral information registry, cadastral appraisal, cadastral value, valuation activities, land property, land fee
Buy a PDF
A.S. Gutnikova. Joint ownership on property in apartment buildings and other housings Author of the article pays special attention to the peculiarities of legal regulation of joint ownership in apartment buildings and ownership interest in joint ownership in apartment buildings as an object of civil rights with regard to the explanations of the Supreme Commercial Court of the Russian Federation as well as aspects of possession, use and disposal rights concerning joint ownership in apartment buildings. Author also analyses the problem of administration of common property in apartment buildings by partnership of housing owners. These questions are fundamental for theory scientists and practitioners.
Keywords:
joint ownership, ownership interest, joint ownership in apartment buildings, real estate
Buy a PDF
V.N. Grechoukha, O.K. Kakorina. Legal regulation of shortages and excesses of tolls at transportation of freight in direct and mixed traffic The article focuses on analysis of legal phenomena of shortage and excess of tolls at transportation of freight in direct or mixed traffic. Author proposes his own definitions of such terms as “shortage of tolls” and “excess of tolls”. He also examines their causes, moment and order of claims to their reimbursement as well as issues of liability for default to fulfill claims because of the shortage or excess.
Keywords:
shortage of tolls, excess of tolls, transportation of freight, transportation of freight in direct traffic, transportation of freight in mixed traffic, contract of freight carriage, freight traffic rates
Buy a PDF
Foreign experience
V.A. Belov. European “piggy” law? (on one Directive of the Council of European Union) Published material is a tiny comment of author concerning the Council Directive n 2008/120/EC of 18 December 2008 setting up minimal standards for protection of pigs with the authentic text of the Directive with its translation. What is the scope of the said protection and how is it performed? For what sake has the European Union addressed itself to the topic? Author proposes answers to these and some other questions. It becomes obvious that humanist attitude is not the case here. Plain commercial interests are protected on the greater scale than pigs. European consumers of pork having the possibility to count on a defined quality level of products are protected rather than pigs. This Directive should undoubtedly be of interest to the European Commissioner for Competition.
Keywords:
competition law, EU law, agricultural sector, pig breeding, limitations for manufacturers
Buy a PDF
